PEOPLE v. TORRES


111 A.D.2d 885 (1985)

The People of the State of New York, Respondent, v. Robert Torres, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 17, 1985


Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered.

On July 18, 1979, at approximately 2:30 A.M., complainants' apartment was burglarized. Both complainants viewed the perpetrator for less than 30 seconds in an apartment illuminated only by streetlights. They then saw the perpetrator for an additional few seconds, through the slats of the second floor fire escape, as he exited the building. One week later, one of the complainants...

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